Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 18 contracts
Samples: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD), Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out contain reasonable details of the basis of relevant calculation in reasonable detail and is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 7 contracts
Samples: Facility Agreement (Kronos Worldwide Inc), Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive is prima facie evidence of the matters to which it relates.
Appears in 6 contracts
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Mitchells & Butlers PLC)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates, provided that such certification or determination shall set out the basis of the applicable calculation in reasonable detail.
Appears in 3 contracts
Samples: Deed of Amendment Agreement (RISE Education Cayman LTD), Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document Documents shall set out the basis of calculation in reasonable detail and iswill be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 2 contracts
Samples: Facilities Agreement (Royal Ahold), Credit Facilities Agreement (Royal Ahold)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out contain reasonable details of the basis of calculation in reasonable detail relevant calculation and is, in the absence of manifest error, conclusive prima facie evidence of the matters to which it relates.
Appears in 2 contracts
Samples: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Certificates and determinations. Any certification or determination by a Finance Party in relation to any rate or amount under the Finance Documents will be made in good faith and will set out in reasonable detail the basis of a such determination or claim (if any) for such rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, will be conclusive evidence of the matters to which it relates.
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Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document Documents shall set out the basis of the calculation in reasonable detail and iswill be, in the absence of manifest error, conclusive evidence of the matters to which it relates.
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Certificates and determinations. Any certification or determination by a Senior Finance Party of a rate or amount under any Senior Finance Document shall set out the basis of calculation in reasonable detail and isand, in the absence of manifest error, shall be deemed to be conclusive evidence of the matters to which it relates.
Appears in 1 contract
Samples: Senior Credit Agreement (Shurgard Storage Centers Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set and by a Fronting Bank as to the amount paid out by a Fronting Bank in respect of any Bank Guarantee which sets out details of the basis of relevant calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Appears in 1 contract
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.. 88 = NUMPAGES 135-2 133
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Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any the Finance Document shall set out the basis of calculation in reasonable detail and isDocuments will be, in the absence of manifest error, conclusive evidence of the matters to which it relatesrelates (provided such certification or determination gives reasonable details of the basis for the Calculation).
Appears in 1 contract
Samples: Credit Facility Agreement (Telesystem International Wireless Inc)
Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out the basis of calculation in a reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
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Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out reasonable details of the basis of that certification or determination (and, if it specifies an amount, the calculation in reasonable detail of that amount) and is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
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Certificates and determinations. Any certification or determination by a Finance Party of a rate or amount under any Finance Document shall set out reasonable details of the basis of calculation in reasonable detail and is, in the absence of manifest error, conclusive evidence of the matters to which it relates, provided that:
(a) such Finance Party shall not be required to disclose any confidential information relating to the organization of its affairs; and
(b) the Borrower shall not (in the absence of manifest error) be entitled to dispute the basis of calculation of such amount or rate.
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